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Sagot :
Answer:
Explanation:
When a litigation hold is received, federal record management practices require certain actions to be taken to prevent the early disposal of relevant records until the litigation is resolved. Here's an overview of the process:
1. Issuance of Litigation Hold Notice: When litigation is reasonably anticipated or commences, organizations typically issue a litigation hold notice. This notice informs employees, custodians of records, and relevant personnel about their obligation to preserve all records, documents, and information that may be relevant to the litigation. The hold notice ensures that potentially relevant records are retained and not destroyed or altered prematurely.
2. Identification of Relevant Records: Upon receiving the litigation hold notice, employees and custodians of records are responsible for identifying and preserving records that may be relevant to the litigation. This includes both physical and electronic records, such as emails, documents, databases, and other types of information that may be requested or required during the litigation process.
3. Suspension of Routine Record Disposal: To prevent the early disposal of potentially relevant records, organizations typically suspend any routine record disposal practices or document destruction policies that may be in place. This ensures that records are not inadvertently destroyed or altered during the litigation process. Organizations may issue specific instructions to employees and records custodians to refrain from destroying or altering records until further notice.
4. Communication and Training: Organizations may conduct training sessions or provide additional guidance to employees and records custodians regarding their responsibilities during the litigation hold. This includes educating them about the importance of record preservation, the potential consequences of failing to comply with the hold, and the procedures for identifying and retaining relevant records.
5. Ongoing Monitoring and Compliance: Throughout the litigation process, organizations are responsible for monitoring compliance with the litigation hold. This may involve periodic reminders or follow-ups to ensure that records are being properly preserved. Organizations may also implement tracking mechanisms or software tools to assist in monitoring and documenting compliance with the hold notice.
6. Record Retention Documentation: It is important for organizations to maintain documentation of the litigation hold process. This includes records of the issuance of the hold notice, communication with employees and custodians, records identification efforts, training sessions, and any other relevant activities related to record retention during the litigation. Documentation helps demonstrate compliance with legal and regulatory requirements, as well as any court-imposed obligations.
By implementing these record management practices, organizations can ensure that potentially relevant records are retained and preserved until the litigation is resolved. This helps maintain the integrity of the legal process, facilitates access to evidence, and ensures compliance with applicable laws and regulations.
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